GOVERNMENT OF NCT OF DELHI Vs. DILAWAR SINGH

JUDGEMENT

(1.) These petitions have been filed assailing the order dated July16, 2020, passed by the Central Administrative Tribunal, Principal Bench, New Delhi ('Tribunal', for short) in Original Application Nos. 1847/2014 and 1628/2015 ('OA', for short) whereby the Tribunal has allowed the OAs filed by the respondents herein and directed the petitioners to prepare a combined seniority list for the post of Physical Education Teacher ('PET', for short) based on their dates of appointment without any distinction as to male and female candidates.

(2.) At the outset, we may briefly narrate the facts leading to the present petitions. The respondents, who were applicants in OA 1847/2014 were appointed as PETs on February 4, 1988 and the applicants in OA 1628/2015 were appointed between 1987 and 1989. Promotion from the post of PET is to the post of Post Gradate Teacher ('PGT', for short), which has since been re-designated Lecturer (PE). Their grievance before the Tribunal was that the petitioners herein are maintaining separate seniority lists for male PETs and female PETs, and that promotions are being effected on that basis. The Tribunal while accepting the contentions of the applicants therein held that separate seniority lists for male and female teachers cannot be maintained and promotion on the basis of such separate lists is not permissible in law. It is against the said decision of the Tribunal that the petitioners have filed the instant petitions.

(3.) The case of Mrs. Avnish Ahlawat, learned Standing Counsel appearing for the petitioners is that since 1947, there were separate schools for girls and boys, imparting education to the students in their respective categories, i.e., boys in schools for boys and girls in schools girls. This Court in order dated January 27, 2003, in W.P.(C) 4638/1998 filed by the Directorate of Education (DoE) challenging an order of the Tribunal with regard to the nature of the controversy involved herein, held that it would be appropriate for the authorities concerned to take a fresh look at past practice and policy with regard to the necessity of having separate cadre and qualifying marks for male and female teachers. Pursuant to the order, a Committee was constituted, which considered the whole issue and filed its report on November 27, 2003. The Committee after providing background as to how the separate seniority lists came to be maintained, was of the opinion that in the present day scenario, the security of girl students is of primary concern of the authority. Keeping in view the same, it felt appropriate to continue with the present system of separate schools for girls. There is still a need for schools for girls being operated by female teachers exclusively, and therefore, there is a requirement of separate posts for female teachers. The vacant posts in schools for girls can be filled through female teachers and for the same a separate selection has to be undertaken. Separate seniority of TGT/LT for male and female teachers are prepared and maintained since promotion to the post of TGT is carried out separately for male and female teachers. The final recommendation was that in case recruitment is made combined, all of a sudden it will create administrative and social problems and as such the same has been accepted as a policy.